Semi-weekly south Kentuckian., 1887-01-04
TRIAL BY JURY.
A systcm which Is Derived from tne lnsti-
tutlons of Ancient Greece.

tutions OF Ancient "reeee'
1t is generally understood that the
form of trial by jury is derived from
the institutions of the Greeks and
Rnmona In tho ancient CITY of Athens
.''',,.. 80 s.oono, 81 ,bo o;,v ,yoca
""','"'' VI ,,,,.
appointed usually se'erai 'hous"'ius'
from whom were selected by lot a GER
tain number for every case to be tried
at law. TO hear and determine thu
n,,os,;ons ,hot mioht arise in tbe case
49, 40 ,,..,at;a 81 o.;J;n,
ui'uer 'iie uIi'v''o" u Fi'''s
magistrate. In Rome sihiiar system
was adopted. There, the comp claimant
in the case came before the prmtor and
stated his grievance; the defendant
made reply, and the prmtor then re-
ferrcd the case to the judices to deter
mine the facts. No specific number of
these iudices was required. The Ro-
mans always introduced their laws and
institutions into all of their provinces,
and there is evidence that their mode
of judicial procedure was established
among the Britons. The Saxons had
another form, called the trial by COM
purgation. In this each party to a
suit appeared with certain of his
friends, and they swore with him to
the Justice of his case. Usually the
number of compurgators was six on each
side, and it is supposed that the num-
Der of the jury was thus fixed ut twelve.
But the Normans had form of trial by
jury. so much more like that of modern
Al L.. .eff b.G ca ~
ons, that historians ascribe the origin
of the institution as found In England
to the establishment of Norman law
there by William the Conqueror. That
the Saxon trial by compurgation was
in n measure grated upon the Norman
usage is shown by the fact that Jurors
were originally chosen from those who
had personal knowledge of n case, and
they rendered their verdict according
to their personal knowledge. Wit
nesses were first brought in to aid the
Jury during the reign of Edward III.
But not until the reign Of Queen Anne
was it distinctly provided by her that
those who had evidence to give must
be sworn as witnesses and could not
serve as Jurors. From England the
form of trial by jury was brought to
this country by the colonists and cher
ished as one of their most valued insti-
tntions 1t was in general use during
the colonial period and is protected by
mention In the Federal constitution
ald in the constitutions of most States.
In Scotland the Jury seems to have
been established at n very early date.
but it was soon after discontinued in
civil eases. The Scotch Jury has al-
WAYS consisted of fifteen. a majority of
whom may render a verdict. The iury
in civil eases was reintroduccd into the
co,rntry in the time of Georpe III.
Nine OF the twelve Jurors NAV then rem
der verdict. and if the ma
iority can not agree upon
Verdict within six hours they
are discharged, In Ireland tho Jury
Is substantially tho same as In England,
but the cpression-of-crime bill passed
in 1882 provided for the trial of certain
cases without iuries. In France trial
bysiury in all criminal eases was estab-
lished in 1890, but now Jury is not
granted except in eases of felony. A
majority of the Jurors can render ver-
diet. There is no grand Jury, and
civil cases are not tried before Jury
mt all. In Germany trial by iury in
criminal cases was introduced early in
the century. 1t was established in
Prussia In 1919, and again By the con-
stitutlon of 1913, but political o0enses
lvere withdrawn from its operation in
hA ala o1O